Calendar of Events/Hearing Notices

CALENDAR

April 2012

Department of Education

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, April 19, 2012 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

Department of Health and Social Services

PUBLIC NOTICE

The Delaware Department of Health and Social Services will submit its annual grant application under Part C of the Individuals with Disabilities Education Improvement Act of 2004. The application will be available until April 16, 2012.

Please contact the Part C Birth to Three office at 302-255-9134 (call collect from Kent and Sussex) to secure a copy of the application or e-mail Inita.joyner@state.de.us. Send your written comments to Part C/Birth to Three, DMS/DHSS, 2nd floor, Main Building, Suite 249, 1901 N. DuPont Hwy, New Castle, DE 19720 or fax to 302-255-4407.

Division of Long Term Care Residents Protection

3102 Long Term Care Discharge and Impartial Hearing Procedures

PUBLIC NOTICE

The Division of Long Term Care Residents Protection (DLTCRP) is proposing the implementation of Regulation 3102, Long Term Care Discharge and Impartial Hearing Regulations.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Susan Del Pesco, Director, Division of Long Term Care Residents Protection, 3 Mill Road, Suite 308, Wilmington, DE 19806 by Tuesday May, 1, 2012.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

Division of Medicaid and Medical Assistance

Diamond State Health Plan Plus

Various Related Policies in the Division of Social Services Manual

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) intends to amends policies in the Division of Social Services Manual (DSSM) related to the implementation of Diamond State Health Plan Plus.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by April 30, 2012.

Division of Medicaid and Medical Assistance

Home and Community-Based Services Waivers

PUBLIC NOTICE

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by April 30, 2012.

Division of Public Health

Regulations Governing a Detailed Plumbing Code

PUBLIC NOTICE

The Health Systems Protection Section, under the Division of Public Health, Department of Health and Social Services, is proposing revisions to the State of Delaware Regulations Governing A Detailed Plumbing Code. Due to the extensive number of amendments the Department has concluded that the current regulations should be repealed and replaced in their entirety with the proposed regulations being published. On April 1, 2012, the Division plans to publish as proposed the amended regulations and hold them out for public comment per Delaware law.

The Health Systems Protection Section, under the Division of Public Health, Department of Health and Social Services, will hold a public hearing to discuss the proposed Regulations 4455 Governing a Detailed Plumbing Code. Delaware law requires the Division of Public Health to adopt and enforce the most recent version of the International Plumbing Code (IPC) within one calendar year of its issuance, in conformity with the basic plumbing principles provided in Title 16 of the Delaware Code. Due to the extensive number of amendments the Department has concluded that the current regulations should be repealed and replaced in their entirety with the proposed regulations being published.

The public hearing will be held on April 25, 2012 at 2:30 p.m. in the Third Floor Conference Room, located in the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.

Copies of the proposed regulations are available for review in the April 1, 2012 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Plumbing Permitting and Inspection Program at (302) 856-5123.

Anyone wishing to present his or her oral comments at this hearing should contact Ms. Deborah Harvey at (302) 744-4700 by April 20, 2012. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by April 30, 2012 to:

Deborah Harvey, Hearing Officer

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Deborah.Harvey@state.de.us

Fax (302) 739-6659

Division of Public Health

4462 Public Drinking Water Systems

PUBLIC NOTICE

The Health Systems Protection Section, Office of Drinking Water, under the Division of Public Health, Department of Health and Social Services (DHSS), will hold a public hearing to discuss the proposed State of Delaware Regulations Governing Public Drinking Water Systems. Amendments include the adoption of four new EPA regulations: the Long Term 2 Enhanced Surface Water Treatment Rule (LT2), the Stage 2 Disinfectant/Disinfection Byproducts Rule (Stage 2 DBP), the Ground Water Rule (GWR), and the Lead/Copper Rule Short Term Revisions (LCR STR) as well as makes technical corrections to previously adopted federal regulations. In addition, there are several proposed changes to Delaware-specific requirements. Due to the extensive number of amendments the Department has concluded that the current regulations should be repealed and replaced in their entirety with the proposed regulations being published.

The public hearing will be held on April 25, 2012 at 10:00 a.m. in the Third Floor Conference Room, located in the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.

Deborah Harvey

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Deborah.Harvey@state.de.us

Phone: (302) 744-4700

Fax: (302) 739-6659

Division of Public Health

State of Delaware Medical Marijuana Code

PUBLIC NOTICE

Senate Bill 17, signed into law in May 2011, creates the Delaware Medical Marijuana Act. The Department of Health and Social Services is proposing regulations which establish the regulation of the Delaware Medical Marijuana Act to be hereby known as the State of Delaware Medical Marijuana Code. On April 1, 2012, the Health Systems Protection Section, under the Division of Public Health, Department of Health and Social Services, plans to publish as proposed regulations governing the State of Delaware Medical Marijuana Act and hold them out for public comment per Delaware law.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit same to Deborah Harvey by Monday, April 30, 2012 at:

Deborah Harvey

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Deborah.Harvey@state.de.us

Phone: (302) 744-4700

Fax (302) 739-6659

Division of Social Services

Child Care Subsidy Program Income Eligible Child Care

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program, specifically, Income Eligible Child Care.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by April 30, 2012.

Department of Labor

Division of Industrial Affairs

Office of Workers??? Compensation

1341 Workers??? Compensation Regulations

PUBLIC NOTICE

The Secretary of Labor, in accordance with 19 Del.C. ????2322 F, has proposed revisions to the rules and regulations relating to the Delaware Workers??? Compensation Health Care Payment System (HCPS). These proposals 1) clarify that although an operating surgeon certified in the HCPS may request preauthorization for surgery, the surgeon is not obligated to preauthorize each surgery performed; and 2) add the claimant???s attorney of record to the list of entities who receive a copy of the utilization review determination.

A public meeting will be held before the Health Care Advisory Panel (???Panel???) at 4:00 p.m. on May 14, 2012, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules may obtain a copy from Donna Forrest, Medical Component Manager, Office of Workers??? Compensation, Division of Industrial Affairs, Department of Labor, 4425 N. Market Street, Wilmington, Delaware, 19802. Persons wishing to submit written comments may forward them to the Panel at the above address. The final date to receive written comments will be at the public meeting.

The Panel will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public meeting.

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Water Resources

Surface Water Discharges Section

7101 Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems

PUBLIC NOTICE

Substantial revisions to the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems (On-site regulations) are proposed to incorporate the Guidance and Regulations Governing the Land Treatment of Wastes spray irrigation regulatory language. The on-site regulations have been revised to address large system site investigations, hydrogeological investigations, design considerations, operation and maintenance practices, updating of individual on-site wastewater treatment and disposal system design criteria, establishment of new licensees and inspection protocols, and to establish performance standards for small on-site systems utilizing alternative technologies and all large systems.

Upon the effective date of revised regulations, the Regulations Governing the Pollution Control Strategy for the Indian River, Indian River Bay, Rehoboth Bay, and Little Assawoman Bay Watersheds, effective November 11, 2008, Sections 6.0, 7.0 and 8.0, may be affected.

The Department of Natural Resources and Environmental Control (DNREC) Division of Water will conduct a public hearing on the proposed revisions to the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems, to address the proposed changes that have occurred over the past three years as a result of discussions, public workshops, committee meetings and literature searches.

The public hearing on this proposed revision of Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems will be held Thursday, May 3, 2012, at 6:00 p.m. in the DNREC Auditorium, Richardson and Robbins Building, 89 Kings Highway, Dover, DE 19901.

The proposed regulation revisions may be inspected at the following locations:

Department of Natural Resources and Environmental Control

89 Kings Highway

Dover, DE 19901

Department of Natural Resources and Environmental Control

20653 DuPont Blvd, Unit 5

Georgetown, DE 19947

The proposed regulation revisions may be inspected on the DNREC Division of Water, Groundwater Discharges Section website:

http://www.dnrec.delaware.gov/wr/Information/GWDInfo/Pages/GWDS%20Design%20Install%20Operate%20Info%20For%20Proposed%20Wastewater%20Treatment%20Regulations.aspx

For additional information or any appointments to inspect the proposed regulation revisions at DNREC, please contact Jack Hayes, DNREC Division of Water, Groundwater Discharges Section, 89 Kings Highway, Dover, DE 19901, (302) 739-9948, John.Hayes@state.de.us.

Interested parties shall submit comments in writing on the proposed regulation revisions by the end of the comment period, as designated by the hearing officer at this hearing, to Jack Hayes and/or statements and testimony may be presented either orally or in writing at the May 3, 2012 public hearing. It is requested that those interested in presenting statements at the public hearing register in advance and that written statements and comments be addressed to:

Jack Hayes

DNREC ??? Division of Water

Groundwater Discharges Section

89 Kings Highway

Dover, DE 19901

DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Office of the Secretary

Regulations Governing Security Systems and Protective Services: False Alarms

PUBLIC NOTICE

The Department of Safety and Homeland Security hereby promulgates rules and regulations relating to the enforcement of civil penalties for false alarms pursuant to 24 Del.C. ??1229.

The Department solicits and will consider timely filed written comments from interested individuals and groups concerning these proposed regulations. The deadline for the filing of such written comments will be thirty days after the proposed regulations are published in the Delaware Register of Regulations, or by May 1, 2012. Any such submissions should be mailed or hand delivered to Elizabeth Olsen at: Department of Safety and Homeland Security, Public Safety Building, Suite 220, 303 Transportation Circle, P.O. Box 818, Dover, DE 19903, on or before the deadline stated above.

DEPARTMENT OF STATE

Division of Professional Regulation

200 Board of Landscape Architecture

PUBLIC NOTICE

The Delaware Board of Landscape Architects in accordance with 24 Del.C. ??205 has proposed amendments to Rules 1.0, 4.0, 7.0, 8.0 and 11.0. The proposed revisions to the rules are an attempt to better organize and clearly establish the standards governing Landscape Architects in the State of Delaware concerning applying for licensure, issuance of a license, continuing education, inactive status and crimes that are substantially related to the practice of Landscape Architects.

A public hearing will be held on May 10, 2012, at 9:15 a.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from Jessica Williams, Administrative Assistant for the Delaware Board of Landscape Architects, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

Division of Professional Regulation

Real Estate Commission Education Committee

PUBLIC NOTICE

Pursuant to 24 Del.C. ??2906(a)(1), the Delaware Real Estate Commission has proposed revisions to the Guidelines for Fulfilling the Delaware Real Estate Education Requirements (???Guidelines???).

A public hearing will be held on May 10, 2012 at 9:30 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Real Estate Commission, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Commission at the above address. The final date to receive written comments will be at the public hearing.

The Commission has proposed extensive revisions to the Guidelines. The Guidelines have been amended to include information previously contained only in an ???Appendix??? posted on the Commission???s website. The amendments ensure that pre-licensing and continuing education standards are properly and fully set forth in rules promulgated and adopted by the Commission. The amended Guidelines explain new continuing education standards, which will be set forth in further detail in the Commission???s rules and regulations. Specifically, pursuant to the proposed revisions, continuing education offerings must fall into one of seven different modules, or, for new licensees, one of four different modules.

In a new Rule 11.0, procedures are detailed for addressing course providers who receive negative evaluations from course attendees. This new Rule is intended to ensure quality in the provision of education to prospective and current licensees.

The Commission will consider promulgating the proposed revisions to the Guidelines at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

3600 Board of Registration of Geologists

PUBLIC NOTICE

The Delaware Board of Geologists pursuant to 24 Del.C. ??3606(a)(1) proposes to revise their rules and regulations. The proposed revisions to the rules are an attempt to update the rules by adding provisions concerning a lapsed license, creating an inactive status, adding online courses and web seminars to CEU list and adding to the list of automatically approved course work for CEU requirements. The revisions also add to the list of crimes substantially related to the practice of geology and makes numerous grammatical changes.

The Board will hold a public hearing on the proposed rule change on May 4, 2012 at 10 00 am., Second floor conference room B, Cannon Building, 861 Silver Lake Blvd., Dover DE 19904. Written comments should be sent to Sandra Wagner, Administrator of the Delaware Board of Geologists, Cannon Building, 861 Silver Lake Blvd., Dover DE 19904.

Executive Department

Office of Management and Budget

Statewide Benefits Office

Environmentally Preferred Purchasing Policy

PUBLIC NOTICE

In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Director of the Office of Management and Budget is proposing to adopt a regulation setting forth the State of Delaware Environmentally Preferred Purchasing Policy.

The Director of the Office of Management and Budget, or an employee of the Office of Management and Budget designated by the Director, will hold a public hearing at which members of the public may present comments on the proposed regulation on May 2, 2012 at 11:00 a.m. at the Office of Management and Budget, Haslet Building, room 219, 122 William Penn St., Dover, DE 19901. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Mr. Robert Scoglietti, Delaware Office of Management and Budget, 122 William Penn Street, Dover, DE, 19901. Written comments must be received on or before May 1, 2012. Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing Mr. Robert Scoglietti at the address of the Delaware Office of Management and Budget set forth above.